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his week, you’ll be coming up with a word, phrase, name, or mark that could serve as a trademark for a product or service (you come up with the product or service–just keep it clean and legal!). When you’ve chosen your trademark, go to the U.S. Patent and Trademark Office website to determine if it has been trademarked, or if there is another mark that might be confusingly similar to it. Once you’ve come up with a trademark that is not confusing similar to another mark, and has not already been registered, spend a little time searching on the internet to see if there are other products in use that may have a similar name. When you’re done with your quest, report back in this discussion forum with the name you’ve selected. Describe the process you went through, and explain why your trademark is
strong
protectable according to the legal standards for trademarks
Keep in mind that descriptive marks, geographic terms, and personal names are weak marks that can only be protected if they acquire secondary meaning. If you plan to use one of these types of trademarks, you’re going to have to convince me that you’d be able to actually protect this mark in the future.
“If you want to trademark JOE SMITH for your burger joint, you’re going to have to do some work to acquire that level of distinctiveness and provide evidence that the public recognizes you in connection with the stuff you’re associating your name with. This means recognition beyond your little town. Gaining this level of recognition can take forever and typically requires a rabidly aggressive marketing campaign.”
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